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Chipotle Case Update

On July 2, 2014, the Court granted plaintiffs’ motion for leave to amend the Complaint. The complaint alleges that Chipotle Mexican Grill violated the Fair Labor Standards Act, New York Labor Laws, and other supporting New York State Department of Labor regulations by misclassifying its employees in order to avoid paying them overtime compensation. According to the complaint, “Apprentices” spent the majority of their shift completing non-exempt duties such as working on the assembly line, filling orders, grilling food, and ...

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Moonstruck Diner Case Update

On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...

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Possible Amendments to the New York Labor Law

An Act sitting in the New York State Senate may bring important changes to the New York Labor Law. If Governor Cuomo signs the Act then employers will no longer be required to provide annual wage notices. Instead employers will only have to provide an employee with a wage notice upon hire. If an employer does not provide an employee with a wage notice after 10 business days of the employee’s first day of work, then a penalty of up ...

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